IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sarang V. Kotwal, J.
Sachin - Appellant
Versus
State Of Maharashtra - Respondent
Anticipatory Bail Application No. 426 of 2019, 565 of 2019, 566 of 2019
Decided On : 19-07-2019
Indian Penal Code, 1860 - Sections 420, 406 and 34 - Maharashtra Protection of Interests of Depositors Act, 1999 - Sections 3 and 4 - Invest Money In Scheme - Lost Money In Scheme - All these applications are being decided by this common order because they arise out of same investigation in connection with same offence - He has mentioned in his FIR that he came to know through their advertisement placed in a newspaper company held a seminar which was attended by first informant and his friends - It is alleged that managing director vice chairman admin and present applicants were directors of said company - They were present at seminar applicant is described as development director and applicant is described as software operator - It is further mentioned in FIR that investors were introduced to scheme where investors were invited to invest their money - In return they were assured handsome profit and bonus – Held, Therefore submitted that applicants are real victims and no offence is made out against them - APP submitted that there is incriminating material against these applicants - One Papa has stated that these two applicants had collected from him and he was given ID - However he did not receive his money thus according APP there is material to show that these two applicants had collected money from other investors - Counsel for these applicants submitted that scheme was a brainchild of main accused - Applicants were induced by main accused to invest money in scheme - Like every other investor they also believed in scheme initially till they lost their money - witness had not initiated any complaint against these two applicants - He was given IDs corresponding to his investment - Therefore his money has gone to scheme - He has lost his money in scheme - There is nothing to show that applicants have misappropriated his amount - These applicants had invested their own amounts in scheme and had lost their money - Application stands disposed of.
JUDGMENT
Sarang V Kotwal, J. - All these applicants are seeking anticipatory bail in connection with C.R.No.I-10/2019 registered at Gangapur Police Station, District Nashik u/sec. 420, 406 r/w 34 of I.P.C., and u/sec. 3 and 4 of Maharashtra Protection of Interests of Depositors (in Financial Establishments) Act, 1999 (M.P.I.D. Act).
2. All these applications are being decided by this common order because they arise out of the same investigation in connection with the same offence.
3. The FIR in this case is lodged by one Kishore Patil on 10/01/2019. He has mentioned in his FIR that, on 03/08/2018, he came to know about M/s. Karmabhumi Marketing Pvt. Ltd., through their advertisement placed in a newspaper. The company held a seminar on 03/08/2018 at Nashik which was attended by the first informant and his friends. It is alleged that the Managing Director Sharad Chavan, Vice Chairman Deepak Chavan, Admin Chhaya Chavan and the present applicants were Directors of the said company. They were present at the seminar. The applicant Sachin Gurav is described as Development Director and the applicant Sanjay Upadhye is described as Software Operator. It is further mentioned in the FIR that the investors were introduced to the scheme where the investors were invited to invest their money. In return, they were assured handsome profit and bonus. Similar seminars were held on 21/08/2018, 08/09/2018 and 03/11/2018. It is mentioned in the FIR that, the scheme was such that on the investment, the investors were given user ID and passwords. The promised amount and other returns were to be deposited directly in bank accounts of the investors. Initially, good returns were received by the investors, therefore, they including the present informant invested bigger amounts. The FIR mentions that, the informant and his friends invested Rs.1,35,000/- through on line transaction. However, subsequently their money was not returned neither any bonus was paid to them. The promised interest was also not given. Therefore, they time and again went to the office of the company where all these applicants and other accused used to be present. They used to assure the investors that after a few days, their money would be returned. But, it was never returned. Therefore, the FIR was lodged.
4. Heard Mr. Arvind Tiwari, Ld. Counsel for the Applicants in ABA No.426/2019, Mr. M.N. Sandhyanshiv, Ld. Counsel for the Applicants in ABA No.565/2019 and ABA No.566/2019 and Mr. Prashant Jadhav, Ld. APP for the State/Respondent.
5. Ld. Counsel for the applicants in ABA No.566/19 representing the applicant Uajjwala Borse @ Prachi Chavan and the applicant Kavita Deore @ Mai Chavan submitted that two other accused namely Mangalabai Sharad Chavan and Rupesh Rajendra Patil who had allegedly played similar roles were granted anticipatory bail by the Additional Sessions Judge - 4, Nashik vide order dated 09/07/2019 passed in BA No.1140/2019. It is stated before me that Rupesh Patil is described as Bunty Patil in the FIR. The allegations in the FIR vis a vis accused Mangalabai Sharad Chavan and Rupesh Rajendra Patil are similar to the allegations against the applicants Uajjwala Borse @ Prachi Chavan and the applicant Kavita Deore @ Mai Chavan. The FIR makes a joint reference to these applicants as being directors of the company.
6. Ld. APP on instructions makes a statement that bank accounts of applicants Uajjwala and Kavita did not show any money having been deposited therein.
7. In this view of the matter, the applicants Uajjwala Borse @ Prachi Chavan and the applicant Kavita Deore @ Mai Chavan have made out a case for the protection of anticipatory bail.
8. In so far as Dipak Sharad Chavan is concerned, Ld. Counsel appearing for him submitted that he is 21 years of age and at present is studying at Sinhagad Institute of Hotel Management. He submitted that even as per the allegations, the master mind was his father Sharad Chavan who was arrested and was released on bail after spending
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